[CPEO-MEF] Re-Post: DOD 8149 memo

[Lenny Siegel <lsiegel@cpeo.org>]

[This version of the DOD memo on Section 8149 should be easier to read
than the one I sent out as I was shutting down for the long week-end. -
LS]


                                                    November 23 ,1999


MEMORANDUM FOR 

DEPUTY ASSISTANT SECRETARY OF THE ARMY (ENVIRONMENT, SAFETY &
OCCUPATIONAL HEALTH)

DEPUTY ASSISTANT SECRETARY OF THE NAVY (ENVIRONMENT & SAFETY)

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (ENVIRONMENT, SAFETY &
OCCUPATIONAL HEALTH)

DIRECTOR, DEFENSE LOGISTICS AGENCY, DLA-CAAE

SUBJECT:  Implementation of Section 8149 of the FY 2000 Defense
Appropriations Act

     The Defense Appropriations Act includes a provision that requires
the Department to request and receive statutory authorization before use
of FY2000 funds to pay for fines and penalties, including Supplemental
Environmental Projects (SEPs) (attachment 1).  The President has
directed the Department to seek this authorization (attachment 2).  This
provision does not change the Department's requirement to comply with
environmental statutes and regulations. 

     Implementation of this provision will be as follows:

·    If an installation receives a proposed fine or penalty, they must
negotiate with the regulator in good faith in an attempt to reach an
administrative settlement.

·    Final administrative agreements shall include a clause stating that
the installation cannot pay the final fine or penalty nor execute a SEP
with FY2000 funds unless specifically approved by Congress.

·    DoD Components shall submit legislative proposals to this office
within two weeks of final agreement between the installation and the
regulator quantifying the fine, penalty, or SEP.

·    This office will consolidate the submittals and present them to
Congress according to Department policy on such proposals.

     The provision does not prohibit nor inhibit negotiations with
regulators, nor does it eliminate the Department's liability for fines
and penalties.  The provision only adds a step between settlement and
payment -- Congressional authorization -- and we are committed to
requesting Congressional authorization as quickly and efficiently as
possible.  Furthermore, we remain committed to achieving administrative
settlement of proposed fines and penalties whenever possible.  If your
staff has questions about this policy, my point of contact is Ms.
Maureen Sullivan, 604-0519.


/S/
                                  Gary D. Vest
                    Acting Deputy Under Secretary of Defense
                            (Environmental Security)

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org
http://www.cpeo.org

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